Case B6/2020

Davidson v. The Queen

Case No.

B6/2020

Case Information

Lower Court Judgment

18/06/2019 Supreme Court of Queensland (Court of Appeal) (Gotterson and McMurdo JJA and Boddice J)

[2019] QCA 120

Catchwords

Evidence – Similar fact evidence – Common law approach – Where applicant was massage therapist – Where applicant charged with counts of sexual assault and rape committed against ten complainant clients – Where prosecution sought to lead similar fact evidence – Where applicant unsuccessfully sought to have separate trials ordered on rape counts on basis that evidence relied upon as similar fact evidence not cross-admissible on other counts – Where following jury trial, applicant convicted of 18 counts of sexual assault and one count of rape – Whether joint trial of sexual assault and rape counts occasioned miscarriage of justice – Whether majority of Court of Appeal effectively lowered threshold for admission of similar fact evidence at common law.

Documents*

11/09/2020 Hearing (SLA, Brisbane video-connect Melbourne)

30/10/2020 Written submissions (Applicant)

30/10/2020 Chronology (Applicant)

27/11/2020 Written submissions (Respondent)

18/12/2020 Reply

02/02/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
(Including pronouncement of orders)

01/02/2021 Outline of oral argument (Applicant)

02/02/2021 Outline of oral argument (Respondent)